Item 11 - Approval of Consultant Agreements with Linscott, Law & Greenspan & Kimley-Horn & Associates for As-Needed Traffic Engineering Services, RFP 24-006December 5, 2023, Item #11DATE: TO: FROM: CONTACT: SUBJECT: Summary: AG EN:DA REPORT City of Poway December 5, 2023 Honorable Mayor and Members of the City Council Robert Manis, Director of Development Services M Tracy Beach, P.E., City Engineer Th (858) 668-4652 or tbeach@poway.org CITY COUNCIL Approval of Consultant Agreements with Linscott, Law & Greenspan, Engineers and Kimley-Horn & Associates, Inc., for As-Needed Traffic Engineering Services, RFP No. 24-006 The City's current consultant agreements for traffic engineering services expired on December 4, 2023, and new agreements are needed. After a competitive process to obtain as-needed traffic engineering services, City staff selected Linscott, Law & Greenspan, Engineers (LLG) and Kimley-Horn & Associates, Inc. (Kimley-Horn) as representing the best value to the City. Each agreement will be effective from December 6, 2023 through December 5, 2026 and each contains a provision to mutually extend the agreement with two extensions of one year each. Recommended Action: It is recommended the City Council approve the consultant agreements for as-needed traffic engineering services, RFP No. 24-006 to Linscott, Law & Greenspan, Engineers (Attachment A) and Kimley-Horn (Attachment B); and authorize the City Manager to execute the agreements and to exercise one or more options to extend either agreement for up to two additional one-year terms. Discussion: The Development Services Department uses a traffic engineering consultant for traffic engineering services. The consultant supports Development Services and Public Works staff with planning, organizing, supervising, and performing a variety of field and office professional traffic engineering duties, supervising, or performing technical studies and performing other related duties as needed. The consultant also provides 24-hour, seven-day-a-week support in the event of a traffic-related emergency or need outside of normal business hours. The current consultant agreements with Kimley-Horn and STC Traffic, Inc. terminated on December 4, 2023, with no extensions remaining. In September 2023, staff solicited proposals for as-needed traffic engineering services. Six proposals were received. Proposals were evaluated on the demonstrated understanding of the scope of services, qualifications and certifications of the firm and 1 of 38
December 5, 2023, Item #11assigned staff, experience providing similar services, fee structure and references. After proposal review, City staff selected LLG and Kimley-Horn based on their qualifications, experience, and competitive hourly rates. LLG and Kimley-Horn provide similar traffic engineering services and have similar experience with providing these services to government agencies throughout San Diego County. Staff will continue to use Kimley-Horn for day-to-day traffic engineering needs due to their familiarity with Poway. When specific projects or studies are needed, staff will determine which firm to use on a case-by-case basis taking into consideration the scope of work, availability, area of expertise and cost of services. Environmental Review: This action to approve the consultant agreements is not a "Project" as defined under Section 15378 of the California Environmental Quality Act (CEQA) State Guidelines; therefore, pursuant to the CEQA State Guidelines Section 15060 (c)(3), no environmental review is r~quired. Fiscal Impact: Funds for the as-needed traffic engineering services are included in the Fiscal Year (FY) 2023-24 budget in Development Services (307040-17150) in the amount of $180,800 and in Public Works (430050-17150) in the amount of $16,000. Public Notification: None. Attachments: A. Standard Agreement for Consultant Services with Linscott, Law & Greenspan, Engineers B. Standard Agreement for Consultant Services with Kimley-Horn & Associates, Inc. Reviewed/Approved By: Wendy@aserman Assistant City Manager 2 of 38 Reviewed By: Alan Fenstermacher City Attorney Approved By: Chq~ City Manager
December 5, 2023, Item #11City of Poway STANDARD AGREEMENT FOR SERVICES This Agreement, entered into this 6th day of December, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and LINSCOTT, LAW & GREENSPAN, ENGINEERS (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform as-needed traffic engineering services including planning, organizing, and performing a variety of field and office professional traffic engineering duties, supervising and performing technical studies, and performing related traffic engineering duties as required; WHEREAS, Consultant is a traffic engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 1 3 of 38 ATTACHMENT A
December 5, 2023, Item #115. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. • 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 2 4 of38
December 5, 2023, Item #11"Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: D 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be ~ssigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 5 of 38 3
December 5, 2023, Item #11(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 4 6 of 38
December 5, 2023, Item #11(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 5 7 of 38
December 5, 2023, Item #11Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of Cal PERS while providing services to City. 6 8 of 38
December 5, 2023, Item #11Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522~56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 7 9 of 38
December 5, 2023, Item #11IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY By:-----------Chris Hazeltine, City Manager Date: ------------ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 10 of 38 8 LINSCOTT, LAW & GREENSPAN, ENGINEERS By: ___________ _ K.C. Yellapu, Principal Date: ___________ _
December 5, 2023, Item #11"SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed, on-call, traffic engineering services which shall include, but not be limited to, the following: Operation: Develop traffic signal timing plans and manage signal coordination timing plans. • Manage the City's signal system program. • Provide technical support for signal and lighting maintenance. • Evaluate intersection capacity and Level of Service for operation improvements. • Manage and Coordinate with SANDAG on the 1-15 ICM program. Coordinate with SANDAG on the Regional Arterial Management System (RAMS) program. Manage the City's traffic volume data. Manage the City's Crossroad Collision program. • Manage the City Engineering and Traffic Survey. • Coordinate with the Sheriffs Department on traffic issues, including speed requirements. Coordinate with the School District on school zone traffic management. • Investigate and respond to public requests related to signal operation and timing. Investigate and respond to public requests for neighborhood traffic calming measures. Investigate and respond to public requests for traffic control devices. Investigate and provide recommendations regarding sight distance. Provide technical support to the City's attorneys in litigation cases involving traffic safety issues. Assist in preparation of reports for and attend Traffic Safety Committee meetings. Attend regular meetings with City Engineer and staff and be available on-site at City Hall on an as-needed basis. Prepare work orders for signing, striping, and traffic signal changes including diagrams to clarify the work that must be performed. Planning: Review and provide recommendations related to the Transportation Master Element. • Review private development traffic impact analysis. Collect and analyze data needed for grant applications. Prepare State and/or Federal grant applications as they relate to highway safety improvements. Design: 11 of 38 Provide technical support, prepare plan sheets, and stamp design plans as Engineer of Record for traffic signal or signing and striping modifications. Review and approve temporary traffic control plans. Provide plan review of private development roadway designs. Provide plan review of Capital Improvement roadway designs. Provide plan review of signal, signing, and striping improvement plans. Provide plan review of street lighting improvement plans. 1
December 5, 2023, Item #11Staffing: Consultant must clearly identify a traffic engineer and other key personnel that will be assigned to provide services to the City, including back-up personnel. The removal or replacement of staff members assigned to the City will not occur without 30-day prior written notice to City and written concurrence by the City. Required Licenses and Certificates: Staff member(s) assigned to provide traffic engineering services to the City of Poway must possess valid certification as professional engineer (civil and traffic) issued by the State of California Board of Registration for Civil and Professional Engineers. On-Call Services: Consultant must provide 24-hour/7 day per week support in the event of a traffic related emergency or should a need arise outside of normal business hours. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Schedule submitted with the proposals dated October 5, 2023, which are included in this document as Attachment 1. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee,· Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing December 6, 2023, and ending December 5, 2026, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: 2 12 of 38
December 5, 2023, Item #11(a) Comprehensive General Liability. including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: • Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: 13 of 38 3 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064
December 5, 2023, Item #11To Consultant: 14 of 38 4 Linscott Law & Greenspan Engineers 4542 Ruffner Street Suite 100 San Diego, CA 92111
December 5, 2023, Item #11Attachment 1 FEE SCHEDULE 'JTIIE Principals Principal Engineer .................................................................................... $ Associate Principal Engineer ................................................................... $ Planning/Design Manager ........................................................................ $ Transportation Engineers Senior Transportation Engineer ............................................................... $ Transportation Engineer III ...................................................................... $ Transportation Engineer II ....................................................................... $ Transp0liation Engineer I ........................................................................ $ Transportation Planners Senior Transportation Planner ................................................................. $ Transp0 liation Planner III ........................................................................ $ Transportation Planner II ......................................................................... $ Transportation Planner I .......................................................................... $ Signal System Specialist Senior Signal System Specialist. .............................................................. $ Signal System Specialist ill ..................................................................... $ Signal System Specialist II ...................................................................... $ Signal System Specialist I.. ...................................................................... $ Technical Support Engineering Associate II .......................................................................... $ Engineering Associate I ........................................................................... $ Engineering Computer Analyst II ............................................................ $ Engineering Computer Analyst I ............................................................. $ Senior CADD Drafter .............................................................................. $ CADD Drafter III ..................................................................................... $ CADD Drafter II ...................................................................................... $ CADD Drafter I ....................................................................................... $ Senior Engineering Technician ................................................................ $ Engineering Technician II ........................................................................ $ Engineering Technician I ......................................................................... $ Word Processor/Secretary ........................................................................ $ Engineering Aide I ................................................................................... $ 15 of 38 PERHOUR 225.00 195.00 242.00 163.00 144.00 122.00 105.00 144.00 122.00 105.00 93.00 205.00 175.00 149.00 133.00 104.00 100.00 99.00 78.00 100.00 93.00 82.00 71.00 100.00 93.00 71.00 66.00 50.00 LINSCOTT IAW & GREENSPAN engineers Engineers & Planners Traffic Transportation Parking Linscott. Law & Greenspan, Engineers 4542 Ruffner Street Suite 100 San Diego, CA 92111 858.300.8800 T www.llgengineers.com Pasadena Irvine San Diego
December 5, 2023, Item #11Labor Category Labor Category 1 Labor Category 2 Labor Category 3 Labor Category 4 Labor Category 5 Labor Category 6 Labor Category 7 Labor Category 8 Labor Category 9 Labor Category io Labor Category 11 Labor Category 12 Labor Category 13 Labor Category 14 Labor Category 15 Labor Category 16 Labor Category 17 Alta Planning + Design 2023 -2025 Billing Rates 2023 Rate 2024 Rate 2025 Rate General Classifications $380 $407 $435 Executive Principal $350 $375 $401 Executive Principal $320 $342 $366 Principal, Executive Principal $290 $310 $332 Principal, Executive Principal $270 $289 $309 Sr. Associate, Principal, Executive Principal $250 $268 $286 Sr. Associate, Principal $230 $246 $263 Leader, Sr. Associate, Principal $210 $225 $240 Associate II, Sr. Associate, Director, Principal $195 $209 $223 Associate I, Associate II, Sr. Associate $180 $193 $206 Level Ill, Associate I, Associate II, Sr. Associate $165 $1n $189 Level Ill, Associate ~ Associate II $150 $161 $172 Level Ill, Associate ~ Associate II $140 $150 $160 Level II, Level Ill, Associate I $130 $139 $149 Level I, Level II, Level Ill $120 $128 $137 Level ~ Level II, Level Ill $110 $118 $126 Administration $90 $96 $103 Intern Rates are presented i1 US Dollars (US$) and are subject to change at any time. Mileage will be charged at the provisional standard rate. Alie m~NG+ DESIGN. INC. 7
December 5, 2023, Item #11SWARCO McCain ITS Solutions & Services Classification Hourly Rate Hourly Rate Hourly Rate Hourly Rate (Year 1) (Year 2) (Year 3) (Year 4) Project Manager $135.00 $138.00 $141.00 $144.00 Sr. Project Manager $165.00 $169.00 $173.00 $177.00 Sr. Integration Manager $185.00 $189.00 $193.00 $197.00 ITS Engineer $165.00 $169.00 $173.00 $177.00 Sr. ITS Engineer $185.00 $189.00 $193.00 $197.00 Field Technician $155.00 $158.00 $161.00 $164.00 Sr. Field Technician $185.00 $189.00 $193.00 $197.00 Sr. Systems Engineer $220.00 $225.00 $230.00 $235.00 17 of 38
December 5, 2023, Item #11<;J♦,\N'I' :\IA?\,\( ;1.:-.1 E.:-;T Grant Management Associates 2023 Cost Proposal GMA proposes the following pricing options: Options 1 Needs Assessment/Matrix 2 Flat fee per Grant Option 3. Monthly Retainer Option 4. Hourly Rate Option 5. Grant Development Training Program Price Not to Exceed $3,900 per department $22,000 per grant up to 45 pages $8,100 per month up to 40 hours $210 per hour $3,200 per day (8-hours) / lO students Needs Assessment/Funding Matrix Option. The needs assessment option offers a comprehensive assessment of fundable activities and aligns them with possible funding opportunities. The client is delivered a comprehensive Funding Matrix as a part of the effort. Monthly Retainer Option. The monthly retainer option is proposed for a) grant management services and b) comprehensive proposal development services for up to two (2) new grants per quarter and up to four (4) roll-over grants that may include coordination of multi-agency or multi-jurisdictional grant applicants. The proposal development services suggested here can be modified to meet current grant development needs as determined at the time of contract negotiation. The monthly retainer option is for services up to 40 man-hours per month. Additional man-hours will be priced at $210 each. Grant Management Services includes accounting, monitoring, compliance, and reporting activities for all grants from all funders received by the client and providing monthly reports on all Grant Management Activities. Per Grant Option. A Per Grant Option is provided above at not to exceed $22,000 per grant. This option is limited to grant proposals of up to 45 pages (total). Proposals exceeding 45 pages will be charged at GMA's hourly rate, and a written estimate of work will be provided by GMA for the client's approval to proceed. Hourly Rate Option. The hourly rate option is our most common approach to pricing our grant writing services because so much of the service scope cannot be known at this stage of our relationship. For example, we cannot predict at this point whether we will be pursuing 5 easy (or short) grants, 10 medium grants or 20 difficult (or long) grants il the next year on the client's behalf. The hourly rate option allows the client to pay GMA a fee to be determined on an as-needed basis for work relating to additional individual proposal projects or for support of Page lof 2 18 of 38
December 5, 2023, Item #11departmental proposal development, staff development or funding opportunity monitoring and research. The cost of each project will be determined by GMA h advance and approved ~ the client prior to the commencement of any work. Project costs will vary depending upon the degree of complexity, quality of existing material available, amount of original research work needed, amount of collaborative/partnership development required, and other factors. Prior to commencing any work on an individual project proposal, GMA and the client shall execute a written memorandum specifying the specific work to be performed by GMA, the number of hours, the billing rate, and a specific not-to-exceed amount for the project. Grant Development Training Program Option. GMA offers an introductory one-day grant development training program for up to 10 students for a package price of $3,200 per day, which covers all costs and materials. This training program has been utilized with many GMA clients and proven highly effective at engaging staff to participate effectively il the grant development process. Software Options. GMA additionally proposes the client's optional purchase of one or more third-party monthly grant locator services, such as eCivis, GrantFinder, and the Foundation Directory. Page 2 of 2 19 of 38
December 5, 2023, Item #11EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 20 of 38 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with 1
December 5, 2023, Item #11Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 21 of 38 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013, or has been included in subsequent agreements. 2
December 5, 2023, Item #11Cal Gov Code § 7522.56 (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date ofretirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to .serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340), effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note--Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 22 of 38 3
December 5, 2023, Item #11City of Poway ST ANDA.RD AGREEMENT FOR SERVICES This Agreement, entered into this 6th day of December, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and KIMLEY-HORN & ASSOCIATES, I NC. (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform as-needed traffic engineering services including planning, organizing, and performing a variety of field and office professional traffic engineering duties, supervising and performing technical studies, and performing related traffic engineering duties as required; WHEREAS, Consultant is a traffic engineering consultant and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSUL TANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 1 23 of 38 ATTACHMENT B
December 5, 2023, Item #115. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 24 of 38 2
December 5, 2023, Item #11"Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. DISCLOSURE DETERMINATION: D 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. Robert J. Manis, Director of Development Services 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three 25 of 38 3
December 5, 2023, Item #11(3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Indemnification. (a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees. (b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence. 26 of 38 4
December 5, 2023, Item #11(c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers. (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement. 16. Assumption of Risk. Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant: (a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services. 17. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 18. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. 5 27 of 38
December 5, 2023, Item #11Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 19: Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 20. Governing Law, Forum Selection and Attorneys' Fees. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees. Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses. 21. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 22. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 23. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby. 24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013. Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (CalPERS) and shall not become members of Cal PERS while providing services to City. 28 of 38 6
December 5, 2023, Item #11Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B." Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified. 25. Severability. If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect. (Remainder of page intentionally left blank) 7 29 of 38
December 5, 2023, Item #11IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. CITY OF POWAY KIMLEY-HORN & ASSOCIATES, INC. By:-----------By: ___________ _ Chris Hazeltine, City Manager Megan Ulery, P.E., LEED AP Date: Date: -----------------------ATTEST: Carrie Gallagher, CMC, City Clerk APPROVED AS TO FORM: By:-------------Alan Fenstermacher, City Attorney 30 of 38 8
December 5, 2023, Item #11"SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform consulting services as required by City, which shall consist of the as-needed, on-call, traffic engineering services which shall include, but not be limited to, the following: Operation: • Develop traffic signal timing plans and manage signal coordination timing plans. Manage the City's signal system program. • Provide technical support for signal and lighting maintenance. Evaluate intersection capacity and Level of Service for operation improvements. • Manage and Coordinate with SANDAG on the 1-15 ICM program. • Coordinate with SANDAG on the Regional Arterial Management System (RAMS) program. Manage the City's traffic volume data. • Manage the City's Crossroad Collision program. Manage the City Engineering and Traffic Survey. • Coordinate with the Sheriff's Department on traffic issues, including speed requirements. • Coordinate with the School District on school zone traffic management. • Investigate and respond to public requests related to signal operation and timing. Investigate and respond to public requests for neighborhood traffic calming measures. • Investigate and respond to public requests for traffic control devices. • Investigate and provide recommendations regarding sight distance. • Provide technical support to the City's attorneys in litigation cases involving traffic safety issues. • Assist in preparation of reports for and attend Traffic Safety Committee meetings. • Attend regular meetings with City Engineer and staff and be available on-site at City Hall on an as-needed basis. Prepare work orders for signing, striping, and traffic signal changes including diagrams to clarify the work that must be performed. Planning: • Review and provide recommendations related to the Transportation Master Element. Review private development traffic impact analysis. • Collect and analyze data needed for grant applications. Prepare State and/or Federal grant applications as they relate to highway safety improvements. Design: 31 of 38 Provide technical support, prepare plan sheets, and stamp design plans as Engineer of Record for traffic signal or signing and striping modifications. Review and approve temporary traffic control plans. Provide plan review of private development roadway designs. Provide plan review of Capital Improvement roadway designs. Provide plan review of signal, signing, and striping improvement plans. Provide plan review of street lighting improvement plans. 1
December 5, 2023, Item #11Staffing: Consultant must clearly identify a traffic engineer and other key personnel that will be assigned to provide services to the City, including back-up personnel. The removal or replacement of staff members assigned to the City will not occur without 30-day prior written notice to City and written concurrence by the City. Required Licenses and Certificates: Staff member(s) assigned to provide traffic engineering services to the City of Poway must possess valid certification as professional engineer (civil and traffic) issued by the State of California Board of Registration for Civil and Professional Engineers. On-Call Services: Consultant must provide 24-hour/7 day per week support in the event of a traffic related emergency or should a need arise outside of normal business hours. B. Compensation and Reimbursement. City shall pay Consultant a fee in accordance with the Fee Proposals submitted with the proposals dated October 5, 2023, which are included in this document as Attachment 1. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (10) days of approval by City. All air travel shall be billed at coach or special fare rates. Reimbursement for lodging is limited to travel from outside of San Diego County. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing December 6, 2023, and ending December 5, 2026, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one-year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement. D. Consultant's Insurance. 1. Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: 32 of 38 2
December 5, 2023, Item #11(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate. (b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit. (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: 3 33 of 38 City of Poway -Development Services 13325 Civic Center Drive Poway, CA 92064
December 5, 2023, Item #11To Consultant: 34 of 38 4 Kimley-Horn & Associates, Inc. 401 B Street, Suite 600 San Diego, CA 92101
December 5, 2023, Item #11I -, ' • ' • ----,__l_1.._"-._\...__ '----'---5ta":men1°t As-Needed Traffic Engineering Services (RFP #24-006) Quallficat,ons for i: . . -~~~-'-':''t} :;·~~1i -~ ;;> . . -Kimy>>>Hom Hourly Labor Rate Schedule Classification Rate Analyst I $130 -$160 Analyst I $160 -$200 Professional . $200 -$230 Senior Professional I $230 -$315 Senior Professional 11 $315 -$350 Senior Technical Support $165 -$290 Technical Support $105 -$165 Support Staff $85 -$145 Effective through June 30, 2024. Subject to annual adjustment thereafter_ External Reimbursable Expenses will be charged at 10% mark-up, or per the Contract. Sub-Consultants will be billed per the Contract. ,,.,-_f ··:~-.... /'; ,-::_; __ · .. "!. ¥ ... :·~~-.>·•·r _ ... :~:,:J-/1_'_.-:,~.--,,. ... __ -_ .. ·.,,r'.".' ,-,·,.~:T.....,._i· --i:,_ ---·. _..,._ ~:, _ _ City of 1-'oway -1 ROC8002~.2023 : . . Kimk;y>>)~ 22
December 5, 2023, Item #11EXHIBIT "B" Cal Gov Code§ 7522.56 Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures. Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act o/2013 § 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section. (c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration. ( d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e) 36 of 38 (l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with
December 5, 2023, Item #11Cal Gov Code § 7522.56 a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment. (t)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions: 37 of 38 (l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2) (A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources. The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar. (3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January I, 2013, or has been included in subsequent agreements. 2
December 5, 2023, Item #11Cal Gov Code § 7522.56 (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. (g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply. (h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214. 24214.5 or 26812 of the Education Code. (i)This section shall not apply to (1) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5. History Added Stats 2012 ch 296 § 15 (AB 340). effective January 1, 2013. Amended Stats 2013 .ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January 1, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January 1, 2015. Annotations Notes Amendments: Note-Amendments: 2013 Amendment: Substituted (1) "have passed" for "has passed" in the first sentence of subds (f)(l) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)(4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i). 3 38 of 38